Case No. IT-95-14-A

BEFORE A JUDGE OF THE TRIBUNAL

Before:
Judge Alphons Orie, Duty Judge

Registrar:
Mr. Hans Holthuis

Decision:
2 December 2004

THE PROSECUTOR

V.

TIHOMIR BLASKIC

_______________________________________

ORDER FOR THE IMMEDIATE CESSATION OF VIOLATIONS OF PROTECTIVE MEASURES FOR WITNESSES

_______________________________________

The Office of the Prosecutor

Carla Del Ponte

HKZ-Hrvastko Slovo d.o.o.
Stjepan Seselj
Domagoj Margetic

I, Alphons Orie, Duty Judge of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia since 1991 ("the Tribunal"),

NOTING the Appeal Judgement rendered in the case The Prosecutor v. Tihomir Blaskic, Case No. IT-95-14 ("the Blaškic case"), on 29 July 2004;

NOTING that no Chamber remains seised of the Blaskic case;

NOTING the Trial Chamber’s oral decision on protective measures rendered confidentially in the Blaskic case on 16 March 1998 ("the Decision");

BEING SEISED of the ex parte and confidential "Urgent Motion for an Order for the Immediate Cessation of Violations of Protective Measures" filed by the Prosecution on 1^st December 2004 ("the Motion");

NOTING articles 20, 22 and 29 of the Statute of the Tribunal as well as Rules 54, 75 and 77 of the Rules of Procedure and Evidence of the Tribunal;

CONSIDERING that the Motion demonstrates that a Croatian publication, namely Hrvatsko Slovo, recently published excerpts of transcripts of testimony given by a witness before the Tribunal ("the Transcripts");

CONSIDERING that the said witness testified in closed session and was granted protective measures;

CONSIDERING that it results clearly from the publication dated 26 November 2004, attached to the Motion with a draft translation into English, that those responsible for the publication of Hrvatsko Slovo were aware, at the time of the publication, that the Transcripts were not to be disclosed;

CONSIDERING that the publication by any means of any statements, transcripts, or copies thereof, which are protected pursuant to an order of the Tribunal should cease immediately and that no mention, direct or indirect, of such documents should be made public under any form;

CONSIDERING that those responsible for such breach of an order of the Tribunal may be found in contempt of the Tribunal;

GRANT the Motion; and

ORDER HKZ-Hrvatsko Slovo d.o.o. and all its employees, Stjepan Seselj and Domagoj Margetic to cease publication in Hrvatsko Slovo and in any other publications, and to desist from further publication of statements or testimonies of the witness concerned, or of any protected witness; and

REQUEST the Registrar to send a copy of this order by telefax to the competent authorities of the Republic of Croatia and to HKZ-Hrvatsko Slovo d.o.o. as soon as practicable;

REQUEST the relevant authorities of the Republic of Croatia to serve this order without delay on HKZ-Hrvatsko Slovo d.o.o., Stjepan Seselj and Domagoj Margetic and to provide a written report confirming such service or describing the efforts made to do so;

CALL UPON the authorities of the Republic of Croatia to provide the Tribunal with any information regarding the identity of those potentially responsible for the illegal disclosure of the Transcripts and violations of the related orders and decisions of the Tribunal regarding the protection of witnesses.

Done in English and French, the English version being authoritative.

_______________________
Alphons Orie
Duty Judge

Done this 2^nd day of December 2004
At The Hague
The Netherlands